This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Repayment claim was subject to normal time limit for amending land transaction returns

By Mark McLaughlin, November 2021

The submission of SDLT repayment claims under FA 2003, s 44(9) was subject to the same general time limit as for land transaction returns, and HMRC’s appeal was allowed. 

On 9 August 2012, the taxpayer entered into two separate contracts: (1) an agreement for a lease of the property for 25 years for a premium of £20 million (the ‘initial lease’). The initial lease was granted on 1 October 2012; and (2) the assignment of a separate lease (the ‘contracted-out lease’) of the property for 201 years from 1 October 2012 for £48 million, payable in four instalments; the first was paid on 1 October 2013. 

On 1 April 2014, the taxpayer gifted his interests in the property (the initial lease and benefit of the agreement for the assignment of the contracted-out lease) to his brother (‘NC’). The

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Annexe to main house was suitable for use as a separate dwelling and multiple dwellings relief applied
By Mark McLaughlin, February 2026
Acquisitions of apartment and storage unit were separate but linked transactions and non-residential SDLT rates applied
By Mark McLaughlin, February 2026
Enquiry was opened in time and property did not replace only or main residence
By Mark McLaughlin, March 2023
Market value applied where an annuity was consideration for a land transaction
By Mark McLaughlin, October 2021
The consideration for residential property did not include the grant of an annuity
By Mark McLaughlin, June 2021